INTERNED ALIENS’ RIGHTS.

Manawatu Herald, Volume XXXVII, Issue 1481, 4 December 1915, Page 4

INTERNED ALIENS’ RIGHTS.

Au alien enemy interned as a prisoner of war, according to a recent judgment, which is not being allowed to go unchallenged, can sue iu the British courts. This decision was given by Mr Justice Younger last month, when he delivered his considered judgment in the action brought by Eugene Schaffenius, a German who has lived in Great Britain for 22 years, and is now interned in the Isle of Man camp for prisoners of war, against Mark Louis Goldberg. Plaintiff sought to recover ,£550 which it was admitted be lent Goldberg to assist him in his business as a manufacturer of picture frame mouldings, to capture German trade in this branch of industry. It was contended on the defendant's behalf that the plaintiff could not sue, seeing that a prisoner of war who was interned could not be allowed his freedom for any purpose whatever, The judge said that the

agreement was entered into after the outbreak of war, and was one untouched by the provisions of the Trading With the Enemy Act. The internment of the plaintiff in no way affected any right which the defendant might otherwise have had to contract with the plaintiff, and although it might have restricted his opportunity of doing so, internment had not made the plaintiff an enemy in a trading sense. The plaintiff must of necessity have access to the courts to enforce rights which, whilst resident in Britain, he was permitted to acquire. Domicile was the important thing, and not nationality, and the mere fact ol internment did not, in his opinion, deprive the plaintiff of his right to sue. Leave of appeal was given.